Best State to Open an LLC as a Foreigner in 2026: Wyoming vs Delaware vs New Mexico vs Florida

If you live outside the United States and want to open an LLC, one of the first questions you will ask yourself is which state to register it in. The short answer: for most nonresident founders who sell digital services or products and do not have an office, employees, or inventory in the U.S., Wyoming is usually the most balanced option. But it is not the only one, and in some cases another state makes more sense.

In this guide, we compare the four states most commonly recommended to foreigners (Wyoming, Delaware, New Mexico, and Florida), using the official fees published by each state in 2026.

Does the state you choose matter that much?

It matters, but less than many people think. A foreign-owned single-member LLC is normally treated at the federal level as a "disregarded entity." This means that federal obligations, such as form 5472 with the pro forma 1120, are the same regardless of the state where you register it.

What does change from state to state is:

1. The formation fee charged by the state.
2. The annual cost to keep the LLC active (annual report or annual tax).
3. Reporting requirements and deadlines.
4. The amount of company information available to the public.
5. Whether you also need to register in another state because you physically operate there.

An important rule: if your business physically operates in a state (office, employees, warehouse), you will normally have to register your LLC as a "foreign LLC" in that state, regardless of where you formed it. If that is your situation, it often makes sense to form it directly in that state.

2026 state cost comparison

These are the official fees charged by each state. They do not include the formation service or the registered agent.

Sources: Wyoming Secretary of State (fee schedule effective July 1, 2026), Delaware Division of Corporations (fees effective August 1, 2026), New Mexico Statutes §53-19-63, and Florida Department of State (Sunbiz).

Wyoming: the most balanced option for foreigners

Wyoming is one of the most popular states among nonresident founders, and for good reasons:

• The state formation fee is $100.
• The annual report costs $60 for the vast majority of LLCs. According to the Wyoming Secretary of State, the amount is $60 or 0.0002 of the assets located in Wyoming, whichever is greater; with $300,000 or less in assets in the state, you pay $60.
• Wyoming has no state personal or corporate income tax.
• It is known for its LLC-friendly laws and asset protection. If you want to learn more, read our guide to Wyoming LLC asset protection.

The key point to watch is the annual report: it is due on the first day of the month in which your LLC was formed, and you can file it up to 120 days in advance. We explain it in detail in how to file your Wyoming LLC annual report.

Delaware: designed for startups with investors

Delaware is famous for its specialized business law court (Court of Chancery) and because many venture capital investors prefer it. But that preference usually applies mainly to corporations (C-Corp), not as much to LLCs.

For an LLC owned by a nonresident founder, Delaware has a higher annual cost: starting in 2026, the annual tax for LLCs increased from $300 to $400, due on June 1. If you pay late, the state charges a $200 penalty plus 1.5% monthly interest.

Delaware makes sense if you already know you are going to raise capital from investors who require it. If that is not your situation, you will normally pay more each year without a concrete benefit.

New Mexico: the lowest maintenance cost

New Mexico charges $50 to form the LLC and does not require an annual report or annual state fee. That is why it is very popular among those looking for the lowest possible maintenance cost.

Keep two things in mind:

1. The fact that the state does not require an annual report does not mean you have no obligations. Federal obligations (such as form 5472) remain the same.
2. Without an annual reminder from the state, it is easier to forget to keep your registered agent up to date. If the LLC is left without a registered agent, it may lose its good standing.

Florida: if your business is in Florida

Florida charges $125 to form the LLC and $138.75 for the annual report, which is due on May 1. If you file it late, a $400 late fee is added.

Florida is a good option if you live there part of the year, have an office or in-person clients in the state, or plan to operate physically in Florida. In that case, forming the LLC directly in Florida prevents you from having to register it later as a "foreign LLC."

Which state is right for you? Quick summary

• You sell digital services or products, have no physical presence in the U.S., and want simplicity: Wyoming.
• You want the lowest annual state cost: New Mexico.
• You are going to raise capital from U.S. investors who require it: Delaware (and you will probably consider a C-Corp).
• You are going to operate physically in Florida: Florida.

What you pay in addition to state fees

The total cost of your LLC is not just the state fee. You should also consider:

1. The formation service. With us, forming your LLC costs $197 plus state fees, one of the best prices in the industry because we want to democratize entrepreneurship.
2. The registered agent, which is mandatory in every state.
3. The EIN, which you need to open a bank account and use Stripe.
4. The annual tax return. A foreign-owned single-member LLC must file form 5472 with the pro forma 1120 each year, even if it had no income. With us, the tax return costs $199. Read more in our guide to form 5472 for an LLC with a foreign owner.

If you are still comparing providers, see our comparison of Maera vs doola vs Stripe Atlas vs Firstbase.

Open your LLC in the right state with Maera

We help founders around the world open their LLC in any of the 50 U.S. states, 100% online and without a visa. We support you with the EIN, ITIN, bank account, Stripe, and annual tax return, with support in Spanish, English, and Portuguese.

If you do not know which state to choose, message us and we will help you decide based on your situation. Open your LLC with our plans.